WILLIAM GRANT MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Martin appealed his violation of probation sentence, arguing the trial court failed to credit him for three years previously served on probation when imposing a new eight-year probationary term. The court reversed and remanded, holding that Martin is entitled to credit for time previously served on probation against the new probationary term, subject to the constraint that total time cannot exceed the statutory maximum.
The trial court must credit Martin for time previously spent on probation against the newly-imposed probationary term, provided that the combined total of incarceration, probation, and previously served probation does not exceed the statutory maximum for the offense. However, previous probation time cannot be credited against the newly-imposed term of incarceration.
[1] A court must credit a defendant for time previously served on probation when imposing a new probationary term following a violation of probation.
[2] When calculating credit for time served on probation against a new probationary term, the combined total of incarceration and probation, added to the time already served,…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“appellant had already served three years on community control and/or probation before the violation. Appellant contends that, in imposing the new term of probation, the court should have credited him with time previously spent on probation.”
Establishes the factual basis for Martin's argument that prior probation time should be credited.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMartin was sentenced to seven years in prison followed by eight years of probation for violating a previous probation order. He had already served thr…
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CAMPBELL, Acting Chief Judge.
Appellant, wf\o was sentenced to a new term of probation on a previous violation of probation, challenges the new term of probation, arguing that the court improperly failed to credit him for previous time served on probation. We agree and, accordingly, reverse and remand the probationary portion of appellant’s sentence for calculation of the proper amount of credit due appellant under Waters v. State, 662 So. 2d 332 (Fla.1995) and Storey v. State, 684 So. 2d 888 (Fla. 2d DCA 1996).
On a violation of previously-imposed probation, appellant was sentenced to seven years in prison to be followed by eight years of probation. The statutory maximum for sexual battery, a second degree felony, is fifteen years. However, appellant had already served three years on community control and/or probation before the violation. Appellant contends that, in imposing the new term of probation, the court should have credited him with time previously spent on probation.
The state concedes that the case must be remanded to credit appellant for the previous time served on probation, but argues that only that time that appellant satisfactorily served on probation must be credited. However, since the case used to support that argument has been subsequently quashed by the Florida Supreme Court (Francois v. State, 676 So. 2d 1041 (Fla. 3d DCA 1996), quashed, 695 So. 2d 695 (Fla.1997)), we reverse and remand appellant’s probationary term with directions to the trial court to calculate the amount of credit due appellant for the time he previously spent on probation against the new probationary term. See Waters v. State, 662 So. 2d 332 (Fla.1995).
We caution the trial court in making this calculation that appellant is only entitled to credit against the newly-imposed probationary term if the combined total of incarceration and probation, added to the time appellant already served on probation or community control, exceeds the statutory maximum for appellant’s offense. See Sto-rey. Moreover, appellant is not entitled to credit for time previously spent on probation and community control against the newly-imposed seven-year term of incarceration.
FRANK and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Waters v. State, 662 So. 2d 332 (Fla. 1995)
- Francois v. State, 695 So. 2d 695 (Fla. 1997)
- Francois v. State, 676 So. 2d 1041 (Fla. 3d DCA 1996)
- Storey v. State, 684 So. 2d 888 (Fla. 2d DCA 1996)